HB 120 – SB 1303
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 7, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 120 – SB 1303
SUMMARY OF BILL: Creates a Class A misdemeanor offense for intentionally impeding
or obstructing a member of the Division of Protective Services (Division) from ingress to, egress
from, or movement about a location where the member is responsible for a person’s protection by
the Division. The penalty is enhanced to a Class E felony if the person who committed the offense
was a threat to the safety or security of the person protected by the Division.
Creates a Class E felony offense for intentionally refusing to vacate a restricted area secured by a
member of the Division for the purpose of maintaining the safety or security of the person
protected by the Division.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$12,500
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years $900
Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure
requirements on cities or counties unless the General Assembly shall provide that the state share in the cost.
Assumptions:
New Class A Misdemeanor:
• Per the language of the proposed legislation, the Division includes any member of the
Tennessee Highway Patrol, a commissioned member of the Office of Homeland Security,
or other state or local law enforcement officer who is actively engaged in supporting the
Division's operations.
• Pursuant to Tenn. Code Ann. § 4-3-2006(a)(2), the Commissioner of the Department of
Safety may occasionally authorize the Division to provide personal security to state officials.
• The proposed legislation will result in one admission every year for the Class A
misdemeanor offense of intentionally impeding or obstructing a member of the Division
from ingress to, egress from, or movement about a location where the member is
responsible for a person’s protection.
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• It is assumed that an individual convicted of a Class A misdemeanor offense will spend an
average of 15 days in a local jail.
• Based on cost estimates provided by local government entities throughout the state and
reported bed capacity within such facilities, the weighted average cost per day to house an
inmate in a local jail facility is $61.99.
• The recurring mandatory increase in expenditures to local governments is estimated to be
$930 (1 conviction x $61.99 x 15 days) in FY25-26 and subsequent years.
Class A Misdemeanor Enhancement:
• The proposed legislation enhances the penalty to a Class E felony, if the person who
committed the offense was a threat to the safety or security of the person protected by the
Division
• There will not be a sufficient change in the number of prosecutions for state or local
government to experience any significant change in revenue or expenditures.
New Class E Felony:
• The proposed legislation will result in one admission every year for the Class E felony
offense of intentionally refusing to vacate a restricted area secured by a member of the
Division for the purpose of maintaining the safety or security of a person protected by the
Division.
• The average time served for a Class E felony offense is 0.56 years.
• Based on population data from the U.S. Census Bureau, population growth in Tennessee
averaged 1.24 percent per year (from 2021 to 2024).
• The weighted average operational costs per inmate per day are estimated to be $62.02 for
inmates housed at state facilities and $50.51 for inmates housed at local facilities.
• The estimated increase in incarceration costs is estimated to be the following over the next
three-year period:
Increase in State Expenditures
Amount Fiscal Year
$ 12,200 FY25-26
$ 12,400 FY26-27
$ 12,500 FY27-28
• Pursuant to Public Chapter 1007 of 2022, recurring costs increases are to be estimated on
the highest of the next three fiscal years; therefore, the recurring increase in incarceration
costs will be $12,500.
• Based on the Fiscal Review Committee’s 2008 study and the Administrative Office of the
Courts’ 2012 study on collection of court costs, fees, and fines, collection in criminal cases
is insignificant. The proposed legislation will not significantly change state or local revenue.
• The estimated fiscal impact of the proposed legislation does not consider the availability of
beds in state and local facilities, but is based solely on the current operating costs of state
facilities and the reimbursement rates for local facilities as is required by Tenn. Code Ann. §
9-4-210.
• All calculations used in completion of this fiscal note are available upon request.
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CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director